Publication details
Způsoby sjednání pracovního poměru na dobu určitou
| Title in English | The Means of Conclusion of Fixed-term Employment Relationship |
|---|---|
| Authors | |
| Year of publication | 2020 |
| Type | Article in Proceedings |
| Conference | Zmluvná autonómia v súkromnom/pracovnom práve. Zborník z medzinárodnej vedeckej konferencie „Právna politika a legislatíva“ (Trnavské právnické dni 2020 – Dies Iuris Tyrnavienses 2020) |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Keywords | Fixed-term employment law relationship; Employment contract; Autonomy of will; Contractual autonomy; Employment law relationships; Employee; Employer; Labour law |
| Description | The text focuses on the issue of concluding such employment contracts, when the employer and the employee fail to establish an indefinite employment law relationship. The substantive matter has constantly been resonating not only on the legislative level in the national (within the Czech Labour Code) as well as supranational (in the field of the secondary EU law) sense, but its numerous reflections are to be found also in relevant case law. The authors analyse particular alternatives of possible ways of conclusion of an employment law relationship for a fixed term, especially with regards to legal restrictions in relation to the principle of the autonomy of will of both contracting parties. In this context, the attention is paid in particular to the accordance of considerable variations of concluding a time-limited employment relationship, as perceived from the application practice point of view, with the criteria prescribed by the law. Furthermore, the contribution outlines some current perspectives of the discussed problematics, relating to very recent case-law conclusions, which concern legal consequences following commencement of a fixed-term employment law relationship contrary to obligatory requirements. |